I 

118TH CONGRESS 

2D SESSION H. R. 9181 

To require all newly constructed, federally assisted, single-family houses and 

town houses to meet minimum standards of visitability for persons with 

disabilities. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 26, 2024 

Ms. SCHAKOWSKY (for herself, Mr. KHANNA, Ms. NORTON, and Mr. GRIJALVA) introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To require all newly constructed, federally assisted, singlefamily houses and town houses to meet minimum standards of visitability for persons with disabilities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eleanor Smith Inclu5 sive Home Design Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 As used in this Act: 


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1 (1) COVERED DWELLING UNIT.—The term 

2 ‘‘covered dwelling unit’’ means a dwelling unit 

3 that— 

4 (A) is— 

5 (i) a detached single-family house; 

6 (ii) a townhouse or multi-level dwell7 ing unit (whether detached or attached to 

8 other units or structures); or 

9 (iii) a ground-floor unit in a building 

10 of not more than 3 dwelling units; 

11 (B) is designed as, or intended for occu12 pancy as, a residence; 

13 (C) was designed, constructed, or commis14 sioned, contracted, or otherwise arranged for 

15 construction, by any person or entity that, at 

16 any time before the design or construction, re17 ceived or was guaranteed Federal assistance for 

18 any program or activity relating to the design, 

19 construction, or commissioning, contracting, or 

20 other arrangement for construction, of the 

21 dwelling unit; and 

22 (D) is made available for first occupancy 

23 on or after the date that is 1 year after the 

24 date of enactment of this Act. 


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1 (2) FEDERAL ASSISTANCE.—The term ‘‘Federal 

2 assistance’’ means any assistance that is provided or 

3 otherwise made available by the Federal Govern4 ment, through any grant, loan, contract, or any 

5 other arrangement, on or after the date that is 1 

6 year after the date of enactment of this Act, includ7 ing— 

8 (A) a grant, a subsidy, or any other funds; 

9 (B) a service provided by a Federal em10 ployee or an employee of a person or entity that 

11 receives a grant from the Federal Government; 

12 (C) real or personal property or any inter13 est in or use of such property, including— 

14 (i) a transfer or lease of the property; 

15 and 

16 (ii) proceeds from a subsequent trans17 fer or lease of the property if the Federal 

18 share of the fair market value is not re19 turned to the Federal Government; 

20 (D) any— 

21 (i) tax credit; or 

22 (ii) mortgage or loan guarantee or in23 surance; and 

24 (E) community development funds in the 

25 form of an obligation guaranteed under section 


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1 108 of the Housing and Community Develop2 ment Act of 1974 (42 U.S.C. 5308). 

3 (3) PERSON OR ENTITY.—The term ‘‘person or 

4 entity’’ includes an individual, corporation (including 

5 a not-for-profit corporation), partnership, associa6 tion, labor organization, legal representative, mutual 

7 corporation, joint-stock company, trust, unincor8 porated association, trustee, trustee in a case under 

9 title 11, United States Code, receiver, fiduciary, 

10 Tribal government, territorial government, or local 

11 government. 

12 SEC. 3. VISITABILITY REQUIREMENT. 

13 It shall be unlawful for any person or entity, with 

14 respect to a covered dwelling unit designed, constructed, 

15 or commissioned, contracted, or otherwise arranged for 

16 construction, by the person or entity, to fail to ensure that 

17 the dwelling unit contains not less than 1 level that com18 plies with the Standards for Type C (Visitable) Units of 

19 the American National Standards Institute (commonly 

20 known as ‘‘ANSI’’) Standards for Accessible and Usable 

21 Buildings and Facilities (section 1005 of ANSI A117.1– 

22 2017) or any successor standard and the requirements of 

23 this Act and any regulations issued under this Act. 


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1 SEC. 4. ENFORCEMENT. 

2 (a) REQUIREMENT FOR FEDERAL ASSISTANCE.—An 

3 applicant for Federal assistance shall submit an assurance 

4 to the Federal agency responsible for the assistance that 

5 each program or activity of the applicant will be conducted 

6 in compliance with this Act. 

7 (b) APPROVAL OF ARCHITECTURAL, INTERIOR DE8 SIGN, AND CONSTRUCTION PLANS.— 

9 (1) SUBMISSION.— 

10 (A) IN GENERAL.—An applicant for or re11 cipient of Federal assistance for the design, 

12 construction, or commissioning, contracting, or 

13 other arrangement for construction, of a cov14 ered dwelling unit shall submit for approval the 

15 architectural, interior design, and construction 

16 plans for the unit to the State or local depart17 ment or agency that is responsible, under appli18 cable State or local law, for the review and ap19 proval of construction and design plans for 

20 compliance with generally applicable building 

21 codes or requirements (in this subsection re22 ferred to as the ‘‘appropriate State or local 

23 agency’’). 

24 (B) NOTICE INCLUDED.—In submitting 

25 plans under subparagraph (A), a person or enti26 ty shall include notice that the person or entity 


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1 has applied for or received Federal assistance, 

2 as defined in this Act, with respect to the cov3 ered dwelling unit. 

4 (2) DETERMINATION OF COMPLIANCE.— 

5 (A) CONDITION OF FEDERAL HOUSING AS6 SISTANCE.—The Secretary of Housing and 

7 Urban Development, the Secretary of Agri8 culture, and the Secretary of Veterans Affairs 

9 may not provide any Federal assistance under 

10 any program administered by the Secretary in11 volved to a State or unit of general local gov12 ernment (or any agency or instrumentality 

13 thereof) unless the appropriate State or local 

14 agency thereof is, in the determination of the 

15 Secretary involved, taking the enforcement ac16 tions under subparagraph (B). 

17 (B) ENFORCEMENT ACTIONS.—The en18 forcement actions under this subparagraph 

19 are— 

20 (i) reviewing any plans for a covered 

21 dwelling unit submitted under paragraph 

22 (1) and approving or disapproving the 

23 plans based on compliance of the dwelling 

24 unit with the requirements of this Act; and 


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1 (ii) consistent with applicable State or 

2 local laws and procedures, withholding 

3 final approval of construction or occupancy 

4 of a covered dwelling unit unless and until 

5 the appropriate State or local agency de6 termines compliance as described in clause 

7 (i). 

8 (c) CIVIL ACTION BROUGHT BY PRIVATE PER9 SONS.— 

10 (1) ACTION.—Not later than 5 years after the 

11 occurrence or termination, whichever is later, of an 

12 act or omission with respect to a covered dwelling 

13 unit in violation of this Act, a person aggrieved by 

14 the act or omission may bring a civil action in an 

15 appropriate district court of the United States 

16 against any person or entity responsible for any part 

17 of the design or construction of the covered dwelling 

18 unit, subject to paragraph (2). 

19 (2) LIABILITY OF STATE OR LOCAL AGENCY.— 

20 In a civil action brought under paragraph (1) for a 

21 violation involving architectural or construction 

22 plans for a covered dwelling unit that were approved 

23 by the appropriate State or local agency— 

24 (A) if the approved plans violate this Act 

25 and any construction on the dwelling unit that 


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1 violates this Act was performed in accordance 

2 with the approved plans, the State or local 

3 agency shall be liable for that construction; and 

4 (B) if the approved plans comply with this 

5 Act and any construction on the dwelling unit 

6 violates this Act, the person or entity respon7 sible for the construction shall be liable for that 

8 construction. 

9 (d) ENFORCEMENT BY ATTORNEY GENERAL.— 

10 (1) CIVIL ACTION.—If the Attorney General has 

11 reasonable cause to believe that a person or group 

12 of persons has violated this Act, the Attorney Gen13 eral may bring a civil action in an appropriate dis14 trict court of the United States. 

15 (2) INTERVENTION IN PRIVATE ACTION.—The 

16 Attorney General may, upon timely application, in17 tervene in any civil action brought under subsection 

18 (c) by a private person if the Attorney General cer19 tifies that the case is of general public importance. 

20 (e) RELIEF.—In any civil action brought under this 

21 section, if the court finds that a violation of this Act has 

22 occurred or is about to occur, the court— 

23 (1) may award to the plaintiff actual and puni24 tive damages; and 


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1 (2) subject to subsection (g), may grant as re2 lief, as the court finds appropriate, any permanent 

3 or temporary injunction, temporary restraining 

4 order, or other order (including an order enjoining 

5 the defendant from violating the Act or ordering 

6 such affirmative action as may be appropriate, in7 cluding retrofitting of the covered dwelling unit). 

8 (f) STATUTE OF LIMITATIONS.—For purposes of this 

9 section, the statute of limitations shall not begin to run 

10 until any deficiency in visitability of a covered dwelling 

11 unit has been corrected. 

12 (g) ATTORNEY’S FEES.—In any civil action brought 

13 under this section, the court, in its discretion, may allow 

14 the prevailing party, other than the United States, reason15 able attorney’s fee and costs. 

16 (h) EFFECT ON CERTAIN SALES, ENCUMBRANCES, 

17 AND RENTALS.—Relief granted under this section shall 

18 not affect any contract, sale, encumbrance, or lease con19 summated before the granting of the relief and involving 

20 a bona fide purchaser, encumbrancer, or tenant, without 

21 actual notice of a civil action under this section. 

22 SEC. 5. EFFECT ON STATE LAWS. 

23 Nothing in this Act shall be construed to invalidate 

24 or limit any law of a State or political subdivision of a 

25 State, or of any other jurisdiction in which this Act shall 


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1 be effective, that grants, guarantees, or provides the same 

2 or greater rights, protections, and requirements as are 

3 provided by this Act, but any law of a State, a political 

4 subdivision thereof, or other such jurisdiction that pur5 ports to require or permit any action that would violate 

6 this Act shall to that extent be invalid. 

7 SEC. 6. DISCLAIMER OF PREEMPTIVE EFFECT ON OTHER 

8 ACTS. 

9 Nothing in this Act shall limit any right, procedure, 

10 or remedy available under the Constitution of the United 

11 States or any other Act of Congress. 

12 SEC. 7. SEVERABILITY OF PROVISIONS. 

13 If any provision of this Act or the application thereof 

14 to any person or circumstance is held invalid, the remain15 ing provisions of this Act and the application of those pro16 visions to other persons or circumstances shall not be af17 fected thereby. 

Æ 


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